Recruiting Football Talk VII

[Leeleesteeth]

Maybe I should be more concerned about this but I'm just not. Just my opinion but I think before long the NCAA will blink first, and make some kind of statement that lets them save face.

 

[rgvol]

Tennessee's off-season is July.

View attachment 616951 View attachment 616955

Vols baseball Jerseys are killer looking

 

[volsnvikes]

Yup, agree on it all. I do think another lawsuit could definitely come about if NOA were given but depends on the allegations and if it’s tied to NIL. Who knows what those assholes will try and make up.

On the bolded, this is the main crux of the lawsuit if I interpreted everything I’ve read about it correctly.

Say a player is choosing between School A and B. He's gathered all the information about the school, team, coaches, etc., but due to NCAA NIL ‘guidelines’ he isn’t able to know which school would have the better evaluation on his NIL opportunities.. so he chooses school A. Behind the scenes, School A’s collective is willing to sign him for 100k. School B would have been willing to sign him for 200k. So the player, not knowing those numbers before hand, made a decision that cost him 100k. That’s not a fair and competitive market because it was taken away due to these guidelines. But it’s not his fault, it’s the NCAAs. The NCAA neutered his fair market competition and his ability to know his true valuation of his services with their ‘guidelines’.

This is exactly right and there is the further possibility of his TRUE Market value never being revealed. Maybe Collective A (not the school) would have been willing to go to $1M, but since the player had to sign with them before they could even mention a $ value he they told him $100k. The Player never got the opportunity to pursue his true market value. The NCAA is limiting the fair competitive landscape of NIL with this rule. It would be like a hot commodity Football Coach not being able to talk money until after he CHOSE his new school. AND no other school could talk money with him because that would be tampering (obviously).

 

[butchna]

I hate quoting me...

And this is why I think the NCAA was dead quiet on NIL for so long, and what got us into this situation. They were terrified of doing ANYTHING per NIL, so asked Congress and states to work it out.

I am at a loss for what makes them so bold now. Nothing has changed per their weak standing on NIL. The only thing that has changed has been that they've become weaker due to their inaction and lack of leadership.

The only thing I can come up with per their current scorched earth policy from a weakened position, is that the NCAA infractions/enforcement has realized that they're useless and powerless in the current legal world, so this is their last ditch effort to bluff their own existence. Kind of like a bully that gets a bloody nose and everyone laughs at them. They scream and threaten because it's the only thing they know.

I suspect they said internally, "This last ditch may kill us, but we have to do it because if we don't, we're dead already."

That's the only thing I can come up with, it is so absurd.

Charlie Baker was ushered in with the blessing of Saban and started immediately advancing his assignment’s agenda. First courting Congress to intervene and then introducing the new sub-tier where NIL would be negotiated by select universities and doled out to athletes in controlled fashion. Both apparently went kaplunk! So go full Waterloo and get the one who is perceived to have started their whole quandary in Spyre and UT. They simply didn’t consider that Prussia’s would swoop in on the battle…JMO.

 

[GoodTimeVol]

The NCAA can allege whatever it wants. People allege things that are exaggerated or untrue in court all the time. The discovery process exists so parties can go prove/disprove their allegations and defenses.

You can’t allege something without proof…have you ever been in a court room and watched a proceeding?

 

[peaygolf]

Ok.

I am now 100% positive that UT/Tennessee can not lose this battle with the NCAA.

I was never "on the edge," but now I'm so far from the edge, I can't see it.


EDIT: I trust my source. UT has every single i dotted and t crossed. As does Sprye.
I know many here have said the same thing, but hearing it first hand, I feel just fine.

fwiw........

 

[Volnut]

Has Bill O'Brien hit the portal? One of the comments infers he's in play for Boston College.

 

[volstudent26]

Okay so I have got some clarifications for anyone interested. I spoke to a few NIL lawyers online today and I got some of their insight.

Basically in Alston V NCAA the case that made NIL legal the supreme court found the NCAA in violation of the Sherman anti trust act.

Our legal cases are built off of that same foundation but we are going a step further in saying simply interfering with NIL is enough to violate the Sherman anti trust act.

to that effect Tennessee has given the federal court responsible for the eastern district of Tennessee until feb 6th to issue a TRO. (temporary restraining order) if the eastern district court grants that the NCAA loses its power to touch us or any nil enforcement for 10 days and during that time we will seek an injunction which would make that time period much longer.

In terms of the outcome if we are granted the TRO that means we are very likely to win the injunction and the whole case against the NCAA.

if we are not granted the TRO it isn't over but it means out odds are not very good on this particular case.

A few NIL lawyers I have spoken to think we will likely win the case and a few more have said we stand on shaky untested ground. and even though the NCAA has had some high profile legal losses recently they where able to win a case about amateurism against a few football players that played in a small paid league but then tried to enter NCAA as student athletes. So this could shape out either way. in the supreme court Kavanaugh went a step further against the NCAA in his concurring opinion which will help us but that was only 1 of the justices not all 9 felt that way. so just be aware its far from over or a slam dunk

I personally believe we will win this case but I do not have a legal background. I just want people to be aware that there is not a consensus that we win or lose this.

I will say however this has a much higher chance of working than most anti trust cases because of the way the NCAA is structured and how it already was ruled in violation of the Sherman anti trust act in Alston v NCAA. so if you see a low success rate with anti trust suits just know ours is better than average.

New court info.

 

[Volfan39]

New court info.

So what does this mean?

 

[volbeast33]

I’m, personally, looking forward to watching it.

 

[Nash_Vol97]

There’s actually multiple view points to this lawsuit on who the NCAAs guidelines are effecting and who would need to show damages. The athletes are point A and it makes the most sense to attack the NCAA from this viewpoint, but I think when it comes to Antitrust laws, the collectives would have just as good of an argument as the athletes.

Imagine in the real world outside of the NCAA and you had a business that was trying to sell their services to prospective clients but weren’t allowed to tell the clients anything about value they could bring them. Even more than that, imagine the business wasn’t even allowed to have a single conversation let alone talk value and numbers with the clients. Both the business and the prospective client have no access to a fair competitive market. They are both being impeded on in direct violation of antitrust laws.

Collectives may be a non-profit but they are still businesses. They still provide services and they still employ people. More players they sign = more services they will provide = more employees needed to do this. The NCAA ‘guidelines’ effectively put a limit on this.

 

[volinexile17]

So what does this mean?

It means the Court is moving quickly to determine whether to grant the relief requested by TN. If the preliminary injunction is granted, the lawsuit will then proceed to determine whether to make the preliminary injunction permanent.

 

[volbeast33]

Maybe I should be more concerned about this but I'm just not. Just my opinion but I think before long the NCAA will blink first, and make some kind of statement that lets them save face.

They don’t stand up to people that fight back…. They try to bully you into submission…. i think they will fold soon as well.

 

[DD4ME]

 

[Orange_Crush]

There’s actually multiple view points to this lawsuit on who the NCAAs guidelines are effecting and who would need to show damages. The athletes are point A and it makes the most sense to attack the NCAA from this viewpoint, but I think when it comes to Antitrust laws, the collectives would have just as good of an argument as the athletes.

Imagine in the real world outside of the NCAA and you had a business that was trying to sell their services to prospective clients but weren’t allowed to tell the clients anything about value they could bring them. Even more than that, imagine the business wasn’t even allowed to have a single conversation let alone talk value and numbers with the clients. Both the business and the prospective client have no access to a fair competitive market. They are both being impeded on in direct violation of antitrust laws.

Collectives may be a non-profit but they are still businesses. They still provide services and they still employ people. More players they sign = more services they will provide = more employees needed to do this. The NCAA ‘guidelines’ effectively put a limit on this.

It's all in the name of preventing competitive advantage...in a sport that's seen the same 5-6 teams battle for championships over the previous couple of decades.

 

[drvenner]

He’s a prima Donna and this is exactly how primary Donna’s act.

*Pre-madonna

 

[Nash_Vol97]

This is exactly right and there is the further possibility of his TRUE Market value never being revealed. Maybe Collective A (not the school) would have been willing to go to $1M, but since the player had to sign with them before they could even mention a $ value he they told him $100k. The Player never got the opportunity to pursue his true market value. The NCAA is limiting the fair competitive landscape of NIL with this rule. It would be like a hot commodity Football Coach not being able to talk money until after he CHOSE his new school. AND no other school could talk money with him because that would be tampering (obviously).

The bolded is another great point

 

[ConwayFitty]

You can’t allege something without proof…have you ever been in a court room and watched a proceeding?

Objection your honor! Speculative....Sustained. Jury will disregard that statement by the Defense

 

[Orange_Crush]

Free ad campaign idea for Spyre.

"We upped our donation. Up yours!"

 

[Orange_Crush]

Need a way-back moment. Someone do a NCAA translation of Hitler getting war updates.

 

[drvenner]

 

[Adam Sandler]

I’m, personally, looking forward to watching it.

Lol wut? A separate group of games that allow performance enhancing drugs. Weird. The idea of banning PEDs is to ensure everyone on the same playing field. Either allow them (and make every drug available to every athlete) or don’t. But we don’t need a separate set of games. Pretty simple.

 

[butchna]

Has Bill O'Brien hit the portal? One of the comments infers he's in play for Boston College.

Ohio State wins if he takes the job imo. There’s better playcallers out there.

 

[peaygolf]

 

[Glitch]